THE EFFECTIVENESS OF EXTRAJUDICIAL ADVERSE POSSESSION IN THE DEJUDICIALIZATION OF REAL ESTATE DISPUTES

Abstract

Adverse possession is an important legal instrument for the original acquisition of property and real estate regularization. Traditionally recognized through judicial proceedings, it became subject to extrajudicial processing with the introduction of article 216-A into Law No. 6,015/1973 by the Brazilian Code of Civil Procedure of 2015. In this context, this article aims to analyze the effectiveness of extrajudicial adverse possession as an instrument for the dejudicialization of real estate conflicts in Brazil. It seeks to understand the extent to which the procedure contributes to procedural speed, legal certainty, access to justice and land regularization, as well as to identify the main obstacles to its application. The research adopts a qualitative approach, with an exploratory nature and bibliographic and documentary character, based on Brazilian legislation, academic studies and doctrinal works on the subject. The study demonstrates that extrajudicial adverse possession is a relevant dejudicialization mechanism because it allows the administrative recognition of property acquisition before the Real Estate Registry, leaving genuinely contentious situations to the Judiciary. However, its effectiveness is not absolute, since documentary complexity, costs, the need for legal assistance and objections may hinder the administrative procedure. It is concluded that extrajudicial adverse possession is an effective instrument of dejudicialization, but its potential depends on the improvement of procedures, legal certainty and the reduction of obstacles that still restrict its use.